05.09.2013. BRIEF OF AMICUS CURIAE LUCAS DANIEL SMITH, PRO SE, IN SUPPORT OF APPELLANTS. HUGH McINNISH, et al. vs BETH CHAPMAN, in her capacity as Secretary of State. SUPREME COURT OF ALABAMA. Case No. 1120465.

Case No.
1120465 ______________________________________________________________________________ IN THE SUPREME COURT OF ALABAMA ______________________________________________________________________________
HUGH McINNISH, et al., Appellants, v. BETH CHAPMAN, in her capacity as Secretary of State, Appellee. ______________________________________________________________________________ ON APPEAL FROM THE CIRCUIT COURT OF MONTGOMERY COUNTY, ALABAMA CV 2012-1053 ______________________________________________________________________________ BRIEF OF AMICUS CURIAE LUCAS DANIEL SMITH, PRO SE, IN SUPPORT OF APPELLANTS ______________________________________________________________________________ Lucas Daniel Smith, Pro Se 1626 5th Avenue SE Cedar Rapids, Iowa 52403 319.804.0440 Lucas_d_Smith@live.com WasObamaBornInKenya.com WasObamaBornInKenya.com/blog WasObamaBornInKenya.com/InspectorSmith
TABLE OF CONTENTS INTEREST AND INDENTITY OF AMICUS.. 1
SUMMARY OF ARGUMENT......... 3
ARGUMENT.. 7 I. Credible evidence that Barack Hussein Obama II was not born within the United States of America.......... 7 II. US Senate Publication 103-21 on natural born Citizen........ 12
III. Credible evidence that Barack Hussein Obama Sr. was, at the time of his son Barack Hussein Obama IIs birth, a British Subject Citizen of the United Kingdom and Colonies. 14
CONCLUSION.... 16
NOTARYS JURAT. 20
PROOF OF SERVICE AND CERTIFICATE OF FILING......... 21
EXHIBITS. 22 - 35
05.09.2013. BRIEF OF AMICUS CURIAE LUCAS DANIEL SMITH, PRO SE, IN SUPPORT OF APPELLANTS . Alabama Supreme Court. Case No. 1120465. i
TABLE OF AUTHORITIES
CASES Dunn v. Blumstein, 405 U. S. 330, 405 U. S. 333 n. 2 (1972)... 6 Honig v. Doe, 484 U.S. 305, 318323 (1988), with id., 332 (Justice Scalia dissenting).. 5 MacDougall v. Green, 335 U.S. 281... 5 Moore v. Ogilvie, 394 U.S. 814, 816 (1969).. 5, 6 Murphy v. Hunt, 455 U.S. 478, 482 (1982).... 4, 5 Nebraska Press Assn. v. Stuart, 427 U.S. 539 (1976). 3 Nixon v. Herndon, 273 U.S. 536 5 Ray v. Blair, 343 U.S. 154 (1952).. 3, 4 Rosario v. Rockefeller, 410 U.S. 752, 756 n. 5 (1973).. 6 Smith v. Allwright, 321 U.S. 649.. 4 Southern Pacific Terminal Co. v. ICC, 219 U.S. 498, 515 (1911). 4, 6 Storer v. Brown, 415 U.S. 724, 737 n. 8 (1974). 4 Super Tire Engineering Co. v. McCorkle, 416 U.S. 115, 125126 (1974), and id., 130132 (Justice Powell dissenting). 5
05.09.2013. BRIEF OF AMICUS CURIAE LUCAS DANIEL SMITH, PRO SE, IN SUPPORT OF APPELLANTS . Alabama Supreme Court. Case No. 1120465. ii
Weinstein v. Bradford, 423 U.S. 147, 149 (1975).. 4 United States v. Classic, 313 U.S. 299... 4
257 Ala. ___, 57 So.2d 395 (Alabama, 1952)... 3, 4
STATUTES None
LEGISLATION None
OTHER AUTHORITIES
Ferguson, John Wayne. Texplainer: Could Canadian-Born Ted Cruz Be President? The Texas Tribune, August 13, 2012. http://www.texastribune.org/texas-local-news/texplainer/texplainercould-canadian-born-ted-cruz-be-preside/......................................................................... 4, 16 - 19 Medical Practitioners and Dentists Board (Statutory authority established under Cap 253 Laws of Kenya to regulate the practice of medicine and dentistry in the country.)... 10 Smith, Lucas Daniel. Mary Othigo, Marry Othigo & Merry Othigo listed in THE MEDICAL PRACTITIONERS AND DENTISTS ACT (Cap. 253). Was Obama Born In Kenya, April 3, 2013. http://www.wasobamaborninkenya.com/blog/lucas-daniel-smith/mary-othigo-marry-othigomerry-othigo-listed-in-the-medical-practitioners-and-dentists-act-cap-253/....... 10 University of Texas. Political Scientist in the News - Associate Professor Brandon Rottinghaus analyzes the race for U.S. presidency. University of Texas, 2012. http://www.uh.edu/class/news/archive/2012/september/inthenews-rottinghaus/.............. 4, 16 - 19
05.09.2013. BRIEF OF AMICUS CURIAE LUCAS DANIEL SMITH, PRO SE, IN SUPPORT OF APPELLANTS . Alabama Supreme Court. Case No. 1120465. iii
US Senate Publication 103-21 (on natural born Citizen).... 12, 13
05.09.2013. BRIEF OF AMICUS CURIAE LUCAS DANIEL SMITH, PRO SE, IN SUPPORT OF APPELLANTS . Alabama Supreme Court. Case No. 1120465. iv
INTEREST AND IDENTITY OF AMICUS
This Amicus brief offers new testimony and a new argument concerning the question and challenge presented, which has not been raised by the parties or considered by the Honorable Courts below. Amicus is a sociologist and an investigative reporter, who is the governor of the website WasObamaBornInKenya.com as well as the blogWasObamaBornInKenya.com/blog and the forum WasObamaBornInKenya.com/InspectorSmith Amicus supported Barack Hussein Obama II for US President in the 2008 election. An account of explanation for the said support includes, thought is certainly not limited to, the following: a. President George W. Bush, his wars in Afghanistan and Iraq, his Patriot Act and the incessant and never-ending talk of terror, terrorism, terrorists and weapons of mass destruction had run Amicus down and Amicus was exceedingly fatigued and change sounded spectacular. b. Barack Hussein Obama II was black and Amicus wanted a black American to become the President of the United States of America. c. Amicus did not know, nor had Amicus ever heard or read anywhere, that Barack Hussein Obama II was born outside of the physical boundaries of the United States of America. d. Barack Hussein Obama II, in capacity as a US Senator, via a letter (04.03.2006) to the Senate Appropriations Subcommittee on Defense, requested $4.8 Million for a Light Emitting Diode (LED) healing program at the University of Illinois at Chicago. Through
05.08.2013. BRIEF OF AMICUS CURIAE LUCAS DANIEL SMITH, PRO SE, IN SUPPORT OF APPELLANTS. Alabama Supreme Court. Case No. 1120465. 1
the University of Illinois at Chicago, this program would establish a Light Emitting Diode wound healing program using hand-held tools and therapies to accelerate the wound healing of active duty and retired military personnel as well as those affected by homeland disasters. The Air Force Medical Service (AFMS) wanted to accelerate the development of a tissue and wound healing assessment program involving diverse frequencies within electromagnetic spectrum for use in aviation, SPEC OPS, expeditionary, military, retiree health care, and in response to homeland disasters. The AFMS needed a device to carry into theater to initiate healing and prevent infection. LED DE/RF hand-held tools and therapies would be extremely critical in managing patients both in theater and those affected by homeland disasters and would potentially allow immediate response to wound healing, lessen infection and scaring, and reduce operation and medical costs. Amicus traveled to the country of Kenya in the year 2009 and ascertained that Barack Hussein Obama II was born on the 4th day of August in the year 1961 at that Coast Province General Hospital (CPGH) which was, in the year 1961, located in Mombasa, British Protectorate of Kenya. Amicus believes that the Governments position produces dangersome and alarming precedent. Wherefore he affably and respectfully moves this Honorable Court to consider his brief in support of the Appellants.
SUMMARY OF AURGUEMENT
The Honorable Trial Court appears to have erroneously dismissed the Appellants challenge. The Honorable Trial Court and the Honorable Alabama Supreme Court, do, emphatically, have subject-matter jurisdiction concerning the election (and reelection) of a US President. In 1952 the Alabama Supreme Court upheld, on federal constitutional grounds, a peremptory writ of mandamus requiring petitioner, the Chairman of the State Executive Committee of the Democratic Party, to certify respondent as a candidate for Presidential Elector in a Democratic Primary which was to be held on May 6, 1952. See 257 Ala. ___, 57 So.2d 395 (Alabama 1952). The same (ibid) case, see Ray v. Blair, 343 U.S. 154 (1952) (i.e., RAY, CHAIRMAN OF THE STATE DEMOCRATIC EXECUTIVE COMMITTEE OF ALABAMA, v. BLAIR. CERTIORARI TO THE SUPREME COURT OF ALABAMA. No. 649.), was heard in the US Supreme Court which held that, Where a state authorizes a political party to choose its nominees for Presidential Electors in a state-controlled party primary election and to fix the qualifications for the candidates, it is not violative of the Federal Constitution for the party to require the candidates for the office of Presidential Elector to take a pledge to support the nominees of the party's National Convention for President and Vice-President or for the party's officers to refuse to certify as a candidate for Presidential Elector a person otherwise qualified who refuses to take such a pledge. 1. Presidential Electors exercise a federal function in balloting for President and VicePresident, but they are not federal officers. They act by authority of the state which in turn receives its authority from the Federal Constitution.
2. Exclusion of a candidate in a party primary by a state or political party because such candidate will not pledge to support the party's nominees is a method of securing party candidates in the general election who are pledged to the philosophy and leadership of that party; and it is an exercise of the state's right under Art. II, 1, to appoint electors in such manner as it may choose. United States v. Classic, 313 U.S. 299, and Smith v. Allwright, 321 U.S. 649, distinguished. 3. The Twelfth Amendment does not bar a political party from requiring of a candidate for Presidential Elector in its primary a pledge to support the nominees of its National Convention.. 4. The requirement of such a pledge does not deny equal protection or due process under the Fourteenth Amendment. Nixon v. Herndon, 273 U.S. 536, distinguished. It should also be noted that, according to Brandon Rottinghaus, University of Texas, Associate Professor of Political Science and the Senator Don Henderson Scholar, the Honorable Trial Court and the Honorable Alabama Supreme Court do have subject-matter jurisdiction concerning the election (and reelection) of a US President. (see Conclusion, pp. 16 thru 19) Furthermore, the Appellants prayer for pre-election (POTUS) relief is unequivocally not moot. Appellants challenge to short-term conduct which may recur in the future is denominated as a dispute capable of repetition, yet evading review. See Southern Pacific Terminal Co. v. ICC, 219 U.S. 498, 515 (1911). In cases in which the challenged action is too short in its duration to be fully litigated prior to its cessation or expiration, and there is a reasonable expectation that the same complaining party would be subjected to the same action again, mootness will not be found when the complained of conduct ends. See Weinstein v. Bradford, 423 U.S. 147, 149 (1975); Murphy v. Hunt, 455 U.S.
478, 482 (1982). See Super Tire Engineering Co. v. McCorkle, 416 U.S. 115, 125126 (1974), and id., 130132 (Justice Powell dissenting). The degree of expectation or likelihood that the issue will recur has frequently divided the Court. Compare Murphy v. Hunt, supra, with Nebraska Press Assn. v. Stuart, 427 U.S. 539 (1976); compare Honig v. Doe, 484 U.S. 305, 318 323 (1988), with id., 332 (Justice Scalia dissenting). A civil action or challenge regarding an election, federal or state, shall not be deemed moot on grounds that the election has passed. For example, in Moore v. Ogilvie, 394 U.S. 814, 816 (1969), Appellants, who were independent candidates for presidential electors from Illinois in the 1968 election, sought declaratory and injunctive relief from a denial of certification by appellees, members of the State's Electoral Board. An Illinois statute provides that nominating petitions for independent candidates must have 25,000 signatures, including 200 signatures from each of at least 50 of the State's 102 counties. Appellants' petitions contained over 25,000 signatures, but not 200 voters from each of 50 counties. Of the State's registered voters, 93.4% reside in the 49 most populous counties and only 6.6% in the remaining 53 counties. The District Court dismissed the complaint, relying on MacDougall v. Green, 335 U.S. 281. However, the US Supreme Court held that, the case is not moot, as the burden which MacDougall v. Green, supra, placed on nominations for statewide offices controls future elections, and reflects a continuing federal-state controversy which needs resolution. Another example involving elections is Storer v. Brown, 415 U.S. 724, 737 n. 8 (1974). The US Supreme Court held that, 1972 election is long over, and no effective relief can be provided to the candidates or voters, but this case is not moot, since the issues properly presented, and their effects on independent candidacies, will persist as the California statutes are applied in future elections. This is, therefore, a case where the controversy is "capable of repetition, yet
evading review." Rosario v. Rockefeller, 410 U. S. 752, 410 U. S. 756 n. 5 (1973); Dunn v. Blumstein, 405 U. S. 330, 405 U. S. 333 n. 2 (1972); Moore v. Ogilvie, 394 U. S. 814, 394 U. S. 816 (1969); Southern Pacific Terminal Co. v. ICC, 219 U. S. 498, 219 U. S. 515 (1911). The "capable of repetition, yet evading review" doctrine, in the context of election cases, is appropriate when there are "as applied" challenges as well as in the more typical case involving only facial attacks. The construction of the statute, an understanding of its operation, and possible constitutional limits on its application, will have the effect of simplifying future challenges, thus increasing the likelihood that timely filed cases can be adjudicated before an election is held.
ARGUMENT
I.
Credible evidence that Barack Hussein Obama II was not born within the United States of America.
Barack Hussein Obama II was born in Mombasa, British Protectorate of Kenya at the Coast Province General Hospital (CPGH) in 1961. Amicus has proof. In the month of February 2009 Amicus was on the continent of Africa in the Democratic Republic of the Congo and the Republic of the Congo. This was not Amicus first trip to the dark continent. The first time that Amicus set foot on African soil was in the year 2007. In February of 2009 Amicus traveled to the Congo to document the story of a cryptid (as in cryptozoology) animal that lives there in the Congo. This fabled creature is a dinosaur-like animal that is commonly referred to as Mokele Mbembe. It should be noted that other such hidden, or once fabled, animals have been discovered in what is now the Democratic Republic of the Congo. The animal now known to most of the world as the Okapi was once considered to be a mythical creature by Europeans who referred to it as the African Unicorn. In the same month of February 2009 Amicus traveled throughout both of the Congos, Uganda and Kenya. Amicus went to Nairobi, Kenya specifically to interview a man who claims to have seen the animal (Mokele Mbembe) years ago when he was a soldier in the Congo.
Upon Amicus arrival in Nairobi Amicus was bombarded with questions in English on Amicus feelings and opinions of a Kenyan governing the United States of America. The first several times Amicus responded in saying that not enough time had elapsed since Barack Obama's appointment as President of the USA. Amicus went on to say that Amicus would have to hold his official opinion until at least January 2010. A year in Office might be sufficient for Amicus to judge his ability to govern the USA. Naturally Amicus thought that by "Kenyan" they were referring to Barack Obamas blood, being that his father Barack Obama Sr was a native of Kenya. After a day and a half of Amicus being in Nairobi Amicus learned that they were literally referring to President Barack Obama Jr. as being born in Kenya, a native of Kenya. Now Amicus started asking questions; did his father's Kenyan blood somehow entitle Barack Jr to be the equivalent of a native Kenyan? No, not all, Amicus was to find out. They were referring to Barack Obama Jr's physical birth on Kenyan soil. Kenyans were amused at how gullible Americans could be when it came to obvious things like the fact that Kenyans overtly admit to Barack Jr's Kenyan birth, yet the Americans continue to believe that they know better. Amicus delved further and found that a birth certificate was on file at Coast Province General Hospital in Mombasa. Amicus traveled to Mombasa, Kenya with the specific intention of procuring some sort of birth record from the hospital (CPGH) that so many Kenyans had referred to as being the hospital where US President Barack Hussein Obama had been born.
Upon a perimeter inspection of the hospital (and with the help of a friend from the Congo) Amicus ascertained that him even being allowed to enter the hospital was going to prove to be a task, and a tremendous one at that. At that point Amicus began to form an intricate plan which would not only grant him access to the hospital but also an opportunity to procure a certified copy of the hospital birth record of US President Barack Obama, if a birth record at the Kenyan hospital did indeed exist. Amicus ground plan entailed two hospitals in Mombasa, Kenya: Coast Province General Hospital and also a second hospital named Mombasa Hospital. Amicus plan expanded to include a Kenyan military / police officer. The plan developed further and included a second Kenyan military / police officer. Amicus paid a total of three monetary bribes in the amounts of (in chronological order) $200 USD, $500 USD and $5,000 USD. The whole undertaking also included the assistance of a friend from the Democratic Republic of the Congo. Amicus plan proved to be exceedingly effective and successful. On the 19th day of February 2009 Amicus walked out of the Coast Province General Hospital in Mombasa, Kenya with a certified copy of President Barack Hussein Obama IIs original hospital birth certificate / record. The birth certificate includes two signatures from 1961. One of the signatures is from the hand of the attending doctor, James O.W. Angawa; the other is that of the Supervisor of Obstetrics, John Kwame Odongo.
The British Protectorate of Kenya birth certificate also includes a 2009 stamp and signature from the Chief Administrator of Coast Province General Hospital, Helton Maganga. The certificate also includes a 2009 embossed seal from the Coast Province General Hospital, Mombasa, Kenya. Amicus did not see Helton Maganga at the Coast Province General Hospital. Amicus did not speak with Helton Maganga at the Coast Province General Hospital. Amicus spoke with Chief Administrator Merry Othigo, or Mary Othigo or Marry Othigo, spellings of her name which she has, in the past, registered with the Kenyan MEDICAL PRACTITIONERS AND DENTISTS BOARD (See Smith, Lucas Daniel. Was Obama Born In Kenya. April 3, 2013. Mary Othigo, Marry Othigo & Merry Othigo listed in THE MEDICAL PRACTITIONERS AND DENTISTS ACT (Cap. 253), and Amicus offered to pay her $5,000 for a Certified Copy of Barack Hussein Obama IIs hospital birth record if such a record did exist at the Coast Province General Hospital and with the stipulation that she must present Amicus with the said certificate within the next twenty (20) minutes. (If she would have indicated that the time allotment was unreasonable Amicus may negotiated with her but she did not indicate that the time allotment was unreasonable.) Chief Administrator Othigo (Amicus did not know her name at that time) returned, in under the twenty (20) minutes time allotment, and presented Amicus with a February 19th, 2009 certified copy of Barack Hussein Obama IIs 1961 Coast Province General Hospital (CPGH), Mombasa, British Protectorate of Kenya, Certificate of Birth. Attached as EXHIBIT A please find a 2009 Certified Copy of the 1961 Coast Province General Hospital, Mombasa, British Protectorate of Kenya, Certificate of Birth of US President.
Amicus has in his possession the tangible 2009 Certified Copy of Barack Hussein Obama IIs original birth record. As explained above, Amicus personally obtained this tangible document in February 2009 from Obamas birth hospital in Mombasa, Kenya.
II.
US Senate Publication 103-21 on natural born Citizen.
Senate Publication 103-21 is an edition of the Constitution of the United States of America that was published at some point during the 1990s (103 Congress). Amicus received an official copy of this 103-21 in the year 2001 as it was sent to Amicus via US Postal Service mail from the United States Senate by the Honorable US Senator Charles Grassley. Senate Publication 103-21 contains not only a true and correct copy of the US Constitution but also brief explanations of each of the Constitutions sections which were prepared by the Office of the Secretary of the Senate with the assistance of Johnny H. Killian of the Library of Congress. On page number 18 of Senate Pub.103-21, adjacent to Article II, Section 2, Clause 5 of the US Const., you will find the following explanation: This clause requires that in order to take oath of office a president must be 35, a resident within the United States for 14 years, and a natural-born citizen. This last requirement (naturalborn citizen) raises the question of whether someone born to American parents outside of the United States would be eligible to hold the office. As Amicus has stated in the foregoing, this above cited publication was prepared by the Office of the Secretary of the Senate with the assistance of Johnny H. Killian of the Library of Congress. As you may know, Mr. Johnny H. Killian advised Congress for more than 44 years on constitutional matters. As senior specialist in American public law at the Congressional Research
Service, Mr. Killian was the person most often called upon when the constitutionality of a proposal was in question. Mr. Killian was also the editor of and major contributor to the 1972, 1982, 1992 and 2002 editions of "Constitution of the United States of America: Analysis and Interpretation," nicknamed the Annotated, a seminal work on the judicial history of all constitutional amendments that is a standard text in U.S. law schools. Senate Publication 103-21, prepared with the assistance of Johnny H. Killian, clearly states that the natural-born citizen clause of Article II, Section 2, Clause 5 of the US Constitution raises the question of whether someone born to American parents outside of the United States would be eligible to hold the office. Attached as EXHIBIT B please find a copy of page 18 of Senate Publication 103-21 on natural born Citizen.
III.
Credible evidence that Barack Hussein Obama Sr. was, at the time of his son
Barack Hussein Obama IIs birth, a British Subject Citizen of the United Kingdom and Colonies.
President Barack Hussein Obama II was born in Mombasa, British Protectorate of Kenya, in the year 1961. He was born to a father who himself was born in the Colony of Kenya. The father, Barack Hussein Obama Sr (born in 1936 or 1934), never acquired US citizenship when he was in the United States of America via a student visa. Amicus has been provided with, via a credible Kenyan source, a copy of Barack Hussein Obama Srs 1959 (i.e., issued in the year 1959) British Passport and copy of his 1964 (i.e., issued in the year 1964) Republic of Kenya Passport. The biodata listed in Barack Hussein Obama Srs 1959-issued British Passport includes, though is not limited to, the following: a. National Status: British Subject Citizen of the United Kingdom and Colonies. b. Date of birth: 18.6.1934 (i.e., June 18, 1934) c. Eyes: Black
d. Hair: Black e. f. g. Height: 5 10 Occupation: Clerk. Issued in Nairobi on April 29, 1959.
h. Names of wife and children (and their bio data) are requested but are not provided. i. Passport Number: 84764.
Attached as EXHIBIT C, D, E, F please find copies of Barack Hussein Obama Srs 1959issued British Passport (no. 84764). The biodata listed in Barack Hussein Obama Srs 1964-issued Republic of Kenya Passport includes, though is not limited to, the following: a. National Status: Citizen of Kenya. b. Date of birth: 18.6.1936 (i.e., June 18, 1936). Note that the 1959-issued British Passport lists the year of birth as 1934. c. Eyes: Brown. Note that the 1959-issued British Passport lists eyes as Black.
d. Hair: Black e. f. g. Height: 5 11. Note that the 1959-issued British Passport lists height as 5 10. Occupation: Economist. Issued in Nairobi on September 18, 1964.
h. Names of wife and children (and their biodata) are requested but are not provided. i. Passport Number: 5866
Attached as EXHIBIT G, H, I, J please find copies of Barack Hussein Obama Sr 1964issued Republic of Kenya Passport (no. 5866).
CONCLUSION
US Senator Ted Cruz (R-TX), whose complete name appears to be Rafael Edward Cruz, appears to have been born on December 22, 1970 in Calgary, Alberta in the country of Canada. Cruz was four years old before he moved, with his parents, to the United States of America. Unlike Barack Hussein Obama II, who probably only spent a number of days in Kenya before coming to the USA, Cruz appears to have spent at least the first four (4) years of his life in Canada before coming to the USA. Four years is a relatively long time period of time. Cruzs father, Rafael Cruz, was a Cuban immigrant in the United States of American during the Cuban Revolution. He came to the USA in 1957 to study at the University of Texas. However, it wasnt until 2005 that he became a US citizen. It appears that Cruzs mother, Eleanor Darragh, was born in Delaware (USA). Is Cruz eligible to serve as President of the United States of America? It appears that Cruz is gearing up for a 2016 run and has been ever since Cruz won the 2012 US Senate election and notably more so now after an October 29, 2012 speech given by Cruz in Washington, DC at the American Principles Project in which Cruz introduced a concept which he calls Opportunity Conservatism. Brandon Rottinghaus, University of Texas, Associate Professor of Political Science and the Senator Don Henderson Scholar, has weighed in regarding Cruz and the Natural Born Citizen clause saying that the sticking point comes from what the definition of a natural born citizen is, and whether Cruzs Canadian birthplace is addressed by the law. Natural born citizenship is not
defined in the US Constitution, Rottinghaus said. The reason they didnt is not totally clear. Rottinghaus says that the writers of the US Constitution probably meant to include both people born on U.S. soil and those born to citizens, but ultimately left the decision to be made by the states. UCLA law professor Eugene Volokh also weighed in citing The Nationality Act of 1940 which outlined which children became nationals and citizens of the United States at birth. The law stated that a person is a U.S. citizen if he or she were born in United States; born outside the U.S. to parents who were both citizens; found in the United States without parents and no proof of birth elsewhere; or if a person has been born to one American parent, provided that parent has spent a certain number of years in the United States. Professor Volokh says that the single-American parent requirement has been amended a few times. As it applies to people born between 1952 and 1986, they must have a parent who was a U.S. citizen for at least 10 years, including five after the age of 14, in order for the baby to be considered a natural-born citizen. (Obamas mother, Stanley Ann Dunham, was 18 years old when she gave birth to her son Barack Hussein Obama II in Kenya, in the year 1961, and she had not been a US Citizen for the required 5 years after age 14 because a period of 5 years had not yet transpired.) It should be noted here that professor Volokh calls himself a friend of Cruz and has known him since the 1990s. It should also be noted here that in 2008 Volokh wrote about Barack Obama and came to the same conclusion regarding eligibility. Peter J. Spiro, who holds the Charles Weiner Chair in international law, at Temple University says that, Ted Cruz didnt naturalize. He was natural at birth.
Professor Spiro also says its possible that a person could challenge that the laws granting citizenship at birth do not define what it is to be a natural-born citizen. In fact, the phrase natural-born citizen is only used once in the U.S. Code in Article 2 of the Constitution. Such a challenge would be unlikely to change the current definitions, however, Spiro says. In the summer or early fall of 2010 Amicus participated in telephonic discussions with the office of then Congressman John Tanner (D-TN). Tanners office stated, hypothetically, that if Barack Hussein Obama II was indeed born abroad (outside of the USA), to at least one US citizen parent, his US citizen parent would have to apply for (via application) his US citizenship. Tanners office went on to state that if the US citizen parent did not make an application for citizenship before Barack Obama turned age 18 that it would then become the responsibility of Barack Obama himself to file an application for US Citizenship. Either scenario (parent application or self-application) would make Barack Obama a natural born citizen, according to Tanners office. Did the US citizen mother of Rafael Edward Cruz make application for her sons US citizenship when she moved her son to the USA more than four (4) years after his birth? If not, did Cruz himself at any point after turning age 18 make the application for US citizenship? If Cruz runs for President 2016 I would like, and demand, the Alabama Secretary of State take receipt of, review and confirm authenticity of a tangible (i.e., paper) certified copy of Cruzs original (i.e., not an abstract) certificate of birth just as the Alabama Secretary of States should be required to take receipt of, review and confirm authenticity of a tangible (i.e., paper) certified copy of Barack Hussein Obama IIs original (i.e., not an abstract) certificate of birth.
EXHIBIT A
2009 Certified Copy of 1961 Coast Province General Hospital, Mombasa, British Protectorate of Kenya, Certificate of Birth of US President (de facto) Barack Hussein Obama II.
EXHIBIT B
Page 18 of US Senate Publication 103-21 on natural born Citizen.
EXHIBIT C, D, E, F
Barack Hussein Obama Srs 1959-issued British Passport (no. 84764).
EXHIBIT G, H, I, J
Barack Hussein Obama Sr 1964-issued Republic of Kenya Passport (no. 5866).

05.09.2013. BRIEF OF AMICUS CURIAE LUCAS DANIEL SMITH, PRO SE, IN SUPPORT OF APPELLANTS. HUGH McINNISH, et al. vs BETH CHAPMAN, in her capacity as Secretary of State. SUPREME COURT OF ALABAMA. Case No. 1120465.

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05.09.2013. BRIEF OF AMICUS CURIAE LUCAS DANIEL SMITH, PRO SE, IN SUPPORT OF APPELLANTS. HUGH McINNISH, et al. vs BETH CHAPMAN, in her capacity as Secretary of State. SUPREME COURT OF ALABAMA. Case No. 1120465.

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Case No.

1120465 IN THE SUPREME COURT OF ALABAMA

TABLE OF CONTENTS INTEREST AND INDENTITY OF AMICUS.. 1

PROOF OF SERVICE AND CERTIFICATE OF FILING......... 21

257 Ala. ___, 57 So.2d 395 (Alabama, 1952)... 3, 4

US Senate Publication 103-21 (on natural born Citizen).... 12, 13

INTEREST AND IDENTITY OF AMICUS

US Senate Publication 103-21 on natural born Citizen.

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